Medical College teacher under PCMS to retire at 62 years, not at 58, observes HC
Chandigarh: Providing relief to a Punjab Civil Medical Service (PCMS) officer who was relieved from his services upon reaching the age of 58, the Haryana High Court has recently ordered the continuation of the officer as a lecturer in Government Medical College, Patiala. The court issued the directive because the officer was dismissed from his position before reaching the standard retirement age of 62 in medical colleges.
The division bench, consisting of Acting Chief Justice Ritu Bahri and Justice Aman Chaudhary, issued this order while hearing an appeal filed by Dr. Anil Kumar, a faculty member at Patiala Medical College.
According to a TOI news report, Dr Kumar challenged a previous order from a single bench headed by Justice Anil Kshetarpal in June, which stated that PCMS officers deployed as faculty would retire at the age of 58, not at the age of 62 as specified for teaching faculty in medical colleges.
“It is important to note that the retirement age of members of the PCMS cadre is 58 years, whereas, for members of the teaching faculty, who are governed by the 1979 Rules, it is 62 years. The petitioners have failed to produce material to establish that the TLM were ever treated as members of the cadre of teaching faculty," the HC held as quoted by the daily.
Justice Anil Kshetarpal passed these orders while dismissing several petitions filed by the PCMS officers working as faculty with the medical colleges in Punjab.
The appellant's counsel argued that Dr Kumar's appointment letter in 2008 mentioned a retirement age of 62. Despite a subsequent change in the post's designation, the service rule of retirement was not altered, leading to his retirement at the age of 58.
The division bench observed that the appellant had not yet reached the age of 62, and as a result, the operation of the order from June 8, 2023, was stayed. Dr. Anil Kumar would be allowed to continue working as a tutor/lecturer-cum-medical officer.
This decision is expected to have significant implications for other PCMS officers serving as faculty in medical colleges and approaching the age of 58. By issuing the order, they are granted the assurance of employment in medical colleges until they reach the age of retirement.
The case is scheduled for further hearing on February 5.
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